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Oregon Bulletin

January 1, 2013

Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Establishes the Oregon Hunger Response Fund. Designates the Oregon Food Bank to coordinate fund moneys.

Adm. Order No.: OHCS 6-2012(Temp)

Filed with Sec. of State: 12-6-2012

Certified to be Effective: 12-6-12 thru 6-4-13

Notice Publication Date:

Rules Amended: 813-250-0000, 813-250-0020, 813-250-0030, 813-250-0040

Rules Suspended: 813-250-0010, 813-250-0050

Subject: These amendments designate the Oregon Food Bank as the agency to coordinate distribution of food in Oregon under the Oregon Hunger Response Fund.

Rules Coordinator: Sandy McDonnell—(503) 986-2012

813-250-0000

Purpose and Objectives

(1) OAR chapter 813, division 250 establishes and implements the Oregon Hunger Response Fund, which is funded by General Fund moneys and carries out the Department’s responsibility as the lead public body in administering the state policy on hunger under ORS 458.525 to 458.545. The Oregon Hunger Response Fund is the means by which the Department allocates funds for the statewide network of food banks and emergency food programs to acquire food and new food sources, build network capacities and link emergency food clients to other services.

(2) The Oregon Food Bank, a nonprofit corporation organized under ORS chapter 65, is the agency designated by the Department to coordinate distribution of food in Oregon under the Oregon Hunger Response Fund. Under the program, the food is distributed to low income households, which are those households with an income that does not exceed 185 percent of the federal poverty guideline.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13

813-250-0010

Definitions

All words and terms used in OAR chapter 813, division 250, are defined in the Act, in 813-005-0005 and 813-250-0010 and below. As used in OAR chapter 813, division 250, unless the context indicates otherwise:

(1) “General Fund Food Program (GFFP)” means state funding established by the 1993 Oregon Legislature and in accordance with OAR chapter 813, division 250.

(2) “Low Income Household” means a household with an income that does not exceed 185% of the federal poverty guideline.

(3) “Oregon Food Bank (OFB)” means the private nonprofit organization designated by the Department to coordinate distribution of food in Oregon to Low Income Households.

(4) “Regional Food Bank (RFB) “ means any nonprofit agency that has subcontracted with the Oregon Food Bank to relieve situations of emergency and distress through provision of food under the GFFP to Emergency Food Organizations.

(5) “Emergency Food Organization (EFO)” means a private, public, faith based, or non-profit organization (pantry) that is subcontracted with an RFB to relieve situations of emergency and distress through provision of food under the program to low-income households.

(6) “Department” means Oregon Housing and Community Services Department (OHCS).

Stat. Auth.: ORS 456.555 & OL 1993 Ch. 725
Stats. Implemented: OL 1993 Ch. 725
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; Suspended by OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13

813-250-0020

Administration

(1) The Oregon Food Bank may select and subcontract with recipient agencies to carry out activities of the Oregon Hunger Response Fund at the local level. A recipient agency is a regional food bank or other local public agency or private nonprofit agency that under the subcontracting agreement undertakes to relive situations of emergency and distress by enabling the provision of food to low income households.

(2) A recipient agency may provide program services only if the agency has first entered into a subcontracting agreement with the Oregon Food Bank to serve as a recipient agency. The agreement must at least include provisions regarding the grant amount, conditions, effective date, terms of the contract, eligible services, fiscal and program report requirements, and audit requirements.

(3) A recipient agency may recommend guidelines to the Oregon Food Bank for the uses and disbursement of program funds.

(4) The Oregon Food Bank may use program funds to supplement but not supplant existing funds used in supporting the work of the recipient .

(5) Neither the Oregon Food Bank nor a recipient agency may require a program recipient to make any payments in money, materials or services for, or in connection with, the receipt of emergency food.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13

813-250-0030

Eligible Activities

(1) The Oregon Food Bank and recipient agencies may use funds furnished through the Oregon Hunger Response Fund for:

(a) Capacity building activities and equipment purchases to strengthen or expand the infrastructure of recipient agencies to facilitate expansion of the food supply, including the transportation of commodities;

(b) Acquisition and distribution of food in bulk form that is repackaged for household use ; and

(c) Linkage grants to RFBs recipient agencies for outreach to under-served areas so that emergency food recipients can obtain needed nutrition education and other support services.

(2) The Oregon Food Bank and recipient agencies may use program funds to pay for the reasonable administrative costs of the program.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13

813-250-0040

Fiscal Control and Reporting Requirements

(1) The Oregon Food Bank and each recipient agency under the Oregon Hunger Response Fund:

(a) Shall maintain records that document the use of program funds for linkage activities and the receipt and distribution of commodities purchased; and

(b) Shall maintain records of program activities and fiscal transactions for a period of three years and shall make the records available to the Department upon request.

(2) The Oregon Food Bank shall provide the Department:

(a) An annual audit of program activities and fiscal transactions within nine months following the end of the fiscal audit period; and

(b) A year-end report of linkage projects carried out by each recipient agency and acquisitions of goods by the Oregon Food Bank.

(3) Each recipient agency shall report annually to the Oregon Food Bank regarding the type and amount of food purchased with program funds.

Stat. Auth.: ORS 456.555
Stats. Implemented: 1993 OL Ch. 725, ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13

813-250-0050

Waiver

The Director may waive or modify any requirements of OAR 813, division 250, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 184 & 458.505 - 458.515
Stats. Implemented: ORS 458.525 - 458.530
Hist.: OHCS 4-2003, f. & cert. ef. 5-12-03; Suspended by OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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